The Sun. — London, England, 1838-12-21 00:00:00

ISLE OF WIGHT. (PROM OUR OWN CORRESPONDENT.) ROYAL YACHT SQUADRON INTELLIGENCE. Cowas, DEC. 10.—Wc are happy to hear that thus early, even before the close of 1838, many of the members of the Squadron are preparing for the season of 1839. Ratsey is building a yacht for Beardmore, Esq. Hon. Augustus Moreton has had his yacht, the Elizabeth, hauled up in the same yard to undergo extensive repairs, and to be new coppered ; where the Hon. Lindsey Burrell is also having his yacht lengthened. J. White is building a schooner yacht, of about 100 tons, for Almon Hill, Esq., which is to be got ready with all pos sible despatch. Three other gentlemen have been down, to make arrange ments for the coming season. The Earl of Yarborough is also here, and it is said the worthy Commodore intends to have the Kestrel afloat in April. The Gondola schooner yacht, 141 tons, it at Athens, with her owner, Lord Canning. The Mischief schooner yacht, of 221 tons, is in the Medi- terranean, with Sir Joseph Hawley, Bart. The Duke of Buccleuch's cutter yacht, Flower of Yarrow, of 145 tons, is hourly expected here from London, on her way to Naples. DEC. 20. —Arrived the Owen Glendwr cutter yacht, of 113 tons, belonging to Colonel John Hall, of the Ist Life Guards, from Lisbon in sixteen days. The Menai brigantine yacht, of 175 tons, arrived at Cadiz on the 27th November, from England, and was to sail about the 10th instant with her owner, Mr. E. N. Harvey, and Mr. Ridley Colbourne, for Naples. Mr. Else has purchased the Emmetje schooner, of 102 tons, of tho Hon. H. F. Walker. The Earl of Yarborough is at Appuldercombe, his seat in the Isle of Wight, where he is drawing a large circle of fashionables around him, to spend the Christmas in his usual old English style. ISLE OF WIGHT REFORM-A-TORY. This establishment, which has been fitted up for the recep tion of, and reformation, if possible, of delinquents of the worst description, is at length finished, and a draft of fifty young hopefuls, from the hulks at Portsmouth, are expected over to occupy it on Friday next. A Radical Magistrate, Governor, Wardens, &c., have been appointed; yet, to reform- a- Tory, is ti.ought to be almost a hopeless task even for them, as it is not only such a stupid, but such a vicious animal. .... - . Reform-a-Tory what a contradiction—what an impossibi lity I A compound word—why the house must be a fire and Water machine! A name, doubtless, coined by some of the 6 4 back of the Wighters," who call Hollands DEviusu good s tuff—certainly a very doubtful name to recommend it. Lord and Lady Francis Egerton intend to have a o large pa r t y o f friends at Worsley Hall during the ensuing week. s a c a c t o t m h p e a n s e i e c cl o n b d y w h i e s e L k a i n d y j a a n n d u a fa r m y i f l o y r , willleave lli His the Lordship,abve Oatlands, Surrey, for the purpose of being near town at the meeting of Parliament. In consequence of the discovery and apprehension Queen's Palace, and the co e t of the boy , Edwin Jones , in the m reaso nable conjecture being that he h a d obt a ined admission amongst the body of workmen, orders have been a iss ued that all tradesmen who are enge a lerations, St .., in the Palace, shall begd in making any accountable for the men employed under them, and see that they duly leave at the time appointed. THE SUN, LONDON, FRIDAY, DECEMBER, 21, 1838. attempted to abuse me there, but that on his doing ao, he was put down by cries of " No, no, Mr O'Connor h the man who opened the County of Cork, and we are thankful to him."—( Great cheering.) Now the papers have told you nothing of that, and is it won derful, therefore, that I should be grateful to every paper that does justice to our proceedings ? The Sun has done so nobly. —( Great cheering.) And I ask of you, my Friends, to sup port that paper, and that alone. —( Immense cheering, and loud cries of "We will, we will !”) Since the rent has been under collection I have been the theme of abuse by Mr. O'Connell—(Hear, have been denounced as an associate with Mr. Oastler, and the partisan of the Rev. Mr. Stephens. Words have been put into the latter gentleman's mouth which he never uttered, and upon those worts Mr. O'Connell endeavours to convict me. I say IN ith out the least hesitation, that a more wicked fabrication, or a more abominable lie, never was perpetrated against any person as against Mr. Stephens. That gentleman has been repre sented as stating that 100,000 men were ready to march to battle in the cause of the people. He never said any such thing, or anything approaching to it.—( Cheers.) Mr. O'Connell said that I was an associate with Mr. Stephens, and that as a man was to be judged by the company he kept, be would leave it to the world to form its own opinion of me. Now, my friends, it is said that I am in opposition to Mr. O'Connell —true, I am so ; but bear in mind that my opposi tion to Mr. O'Connell is not a factious opposition. You must recollect that I opposed him the first Session I got into Parliament. I opposed him on the question of repeal, because I wished it, and was convinced that Mr. O'Connell only de- sired to make it a stalking horse.—( Cheers.) Mr. O'Con nell was for keeping up tithes. I was for destroying them or giving the m t o th e p eo pl e t o w h o m they belonged. Upon these questions Mr. O'Connell and myself were daily, hourly, and nightly, fighting ; and when he got me out of the House of Commons he began to attack me again, and of course his tail followed in the same wake— every joint in that tail are falling, one after another, into the lop pan of the Whigs.—(Cheers.) Now, I find that Mr. Daniel Whittle Harvey, in 1835, voted against the principles introduced by Mr. O'Connell, and that gentleman, in order, I suppose, to have an Er glish tail, as well as en Irish one, tried his power in Southwark, to make Mr. Daniel Whittle Harvey resign. Upon his attempting to do so I got up a meeting in Southwark, in which resolutions were passed, requesting Mr. Harvey to hold his seat at any rate, and for that O'Connell denounced me as a man that was back- ing Daniel Whittle Harvey.— (Cheers.) I have no doubt, my friends, that when Universal Suffrage is established, as I feel not the least doubt that it will be ere long—when Uni. versal Suffrage is established, I shall receive the thanks of the whole community.—( Cheers.) I believe that if the Whigs had allowed O'Connell to have gone on as he at first set out, he would have obtained a power beyond all controul, and he would then have set at defiance Whigs, Tories, and Radicals. Now, with respect to the present meeting - , what said the Morn. ing Advertiser? It is au old saying, " out of the fashion out of the world." Now, the Adertiser says, that it knew nothing about—that it had never heard of such a thing as the National Convention, and the Editor of that Paper asks when it was formed, if formed at all. There is an Editor of a Newspaper for you! Why, the Convention had existed long enough— forty-nine Delegates have been appointed, and yet this booby— this Christmas prize ox—this licensed victualler—( Laughter) bad never heard of it forsooth ! There's an editor of a news- paper for you l—( Great laughter.) No doubt, if a sham Radical meeting was to take place to-morrow, there would be plenty of reporters from the Morning Advertiser to blazon forth its proceedings to the world. Notwithstanding all that the Advertiser has said against me I shall pursue my own straightforward cause—l know my own game—l know that, with the working classes, I shall beat the whole world before me. I don't care if I and denounced in every place ; it only teaches me that my grand point is Universal Suffrage.—( Great cheering.) At Edinburgh th e y h ave d enounce d m e, and what has been the result ? Why, I have received a letter this morning, more like a tradesman's bill than a letter, asking me to come to Edinburgh, where they say they will fill three houses in honour of my arrival there.—( Cheers.) My friends, it is my intention to go to Edinburgh—it is my intention, by the bless ing of God, to be there on the 7th of next month, and then I shall see whether the men of Edinburgh are ashamed of what I have said. Guird yourselves, my friends, against all men who would attempt to throw dissension among you. I com mence this battle with the fustian coats, unshorn chins, and blistered bands—( Cheers) —and, with the blessing of God, I will fight with them to the close.----( Great cheering.) For two successive winters I have agitated this metropolis, and during the whole of that agitation I defy any man to say that I recommended physical force. What was it that accomplished the discharge of the Dorchester labourers? Moral force. And by moral force, and moral force alone, I hope to succeed in the great undertaking we have in view. Muster, my friends, in your thousands, and your hundreds and tens of thousands, when the National Petition is presented to the House of Com mons, and if you wish that your representatives in Parliament should do their duty, send word that you wait for the answer to that petition. If you do not wish them to do their duty, send up the petition, and leave them to deal with it as they think best. I think now, my friends, that if ever the Editor of the Radical Advertiser had a pickling, I have given him one to-night. I will give him an opportunity in London, till the Ist of January, of rebutting the statements that I have made, and after that time I will give him a similar opportunity at Edinburgh, Pais ley, Newcastle, and Carlisle.—(Cheers.) I am determined, my friends, that I will not he goosed out of this question of Universal Suffrage—get Universal Suffrage, honestly if you can, but get it at any rate.—( Cheers.) I shall not content myself, my friends, by visiting the towns I have mentioned. We are about to form a union in Ireland, and notwithstanding the threats of assassination that have been made against me, [ am determined to visit Dublin, and face the lion in his den.— ( Great cheer ing.) I shall then see whether the danger that is threatened is real, and whether or not the intelligent people of Ireland will sanction the honest principles I have always advocated. I forgive every man who has denounced me. I am not going to try a man upon every excited word he may have spoken.—( Cheers.) I dare the Government, as long as I am under the pale of the Constitution, to touch me within these walls.—(Great cheering.) The Hon. Gentleman con cluded a most eloquent speech by proposing the first resolu tion, which was to the effect that the people were at present unrepresented, and that it required the National Convention to effect the great object they had in view. The Hon. Gen tleman then sat down, amid tremendous bursts of applause. Mr. WHITTLE, the Liverpool delegate to the Convention, then came forward to move a resolution, declaring that all the manifold evils now existing were attributable to exclusive Legislation—that it could only be cured by Universal Suffrage —and pledging the meeting to support the Convention. By the general rights of man—by the recorded rights of the people in the great chart of liberty Magna Charta—the people were entitled to Universal Suffrage—it was there stated that no man was to be amerced ; that was, to be taxed, unless he was represented in Parliament. There was no man, not even a pauper, who did not, either directly or indirectly, contribute to the support of Government. Then all who do, ought to have a voice in the election of those who ought to "controul the Government.—( Hear, and cheers.) They bad now tried two forms of Government, the rotten system had been tried-150 despots had ruled and had ruined the nation by running her so deeply in debt—then by a partial opening of the Suffrage, they had tried another plan, but they bad not added to the public advantage, but to the monopoly. The first fruit of the Reform Bill was that accursed law which reduced the working man to the level of the brutes—the first working of the 101 Franchise, was to reduce the state of the poor man lower than it was before. They pissed the accursed Poor-law Bill—by the great extension of paper-money they they had raised the price of provisions to an extent that was very alarming to the working classes. The working of the 101. franchise had brought the nation to the very eve of a convulsion. Some change was absolutely necessary ; they would not go back to the rotten Parliaments, but they would go back to the original law of the land, and give to every man who paid taxes a right to have a voice in the election of those who laid on those taxes. They were now called upon by the Whigs themselves at Birmingham to support them ; but the working men were bound to take the admi nistration of affairs into their own hands, to preserve the wreck of the State—to save it from Russian intrigue, and to make England respected abroad and happy at home. The base Mr. O'Connell was himself the drawer of the Charter, and at the first meeting held in Birmingham be stated that he would stand by it so lone as he lived. At that same meeting the Morning A dertiser had placards posted throughout the town, stating that they intended to devote themselves to the popular cause. That was the beginning, but it was the end. The Govern ment had found it equally necessary to get both of them over to their side, and now O'Connell denounces the Rev. Mr. Ste phens, who is as good a man as ever lived ; they employed a man who called them the base, brutal, and bloody Whigs, to denounce as humane a man as the world ever saw. This was the man whom they selected to lecture the people of England upon moral force, and to denounce the shedding of blood. It merely showed that he was at once hypocrite, bully, and coward. He was informed that the petition had been signed by two and a half millions of people, they would be swelled to three millions very shortly, and then including the women and children dependant upon those, they would be the representatives of upwards of nine millions of the people of this country. London had yet to do its duty. Th ey bad a right to expect at least two hundred thousand signatures from its districts. As much was now said of the Earl of Durham , an d recollecting something of him w h o now called himself a Radical, he would at once tell the meet ing that he was an empty, arrogant personage. In 1819 h e (Mr. Whittle) attended a Whig dinner soon after the suspen sion of the Habeas Corpus Act, and that empty personage said that that suspension was not the act of the Tories, but ne i 7 . a sarily arose out of the violence of the Reformers. The working classes were now denounced in the sam e termsiisthe Reformers orign of those days, and they might look f or something like another Manchester massacre if the slightest ex cess was co mmitted. He trusted that the:people of London woul d show their moral force . in the same way as they did upon the memorable occasion of Queen Caroline's funeral. Let them show the same deter mined front as they did upon that occasion, and the result would be the same—they would have their enemies under their feet. The Tories at Birmingham lately stated that they Were willing to give the Whigs their support, but they Must throw O'Connell overboard. The Whigs could not stand; the Tories were not yet prepared to take office, as they bad it from their mouthpieces, old Burdett and Lord Sandon. Then the working classes must show that they are prepared to step in and save the State.—(Loud cheers.) If they did their duty and supported a Convention, with them would rest the success of all their measures. Ile had much pleasure in moving the resolution. Mr. IRELAN / D - seconded the motion. FEARGUs O'CONNOR said as he Was suaering from a severe cold, he trusted that they would allow Mr. Whittle to ake the chair, and let him husband his strength, so that he might be better prepared for the great fight that was to come. Mr. Moaa said before Mr. O'Connor went away, he wished to say one or two words of a personal nature. Mr. O'Connor had lately had a friend in Dublin to defend him from the attacks A* a man of whom it was enough for him (Mr. M.) to say that he despised him. Now he had heard Mr. O'Connor make attacks upon some friends of his belonging to Edin burgh. Now be knew that Frazer and Duncan were as con icientious, well-meaning, honest, and determined friends to the cause as any person could be, and he could not see that their conduct ought to be impugned because they reprobated some language which they thought marred the object they had in view. He protested against the attack upon those men made by Mr. O'Connor. _ _ _ Mr. LovETT—They had been called upon by Mr. O'Connor to put down any one who came there to produce dissension— they might think that he had come there for that purpose, he assured them that he had not, but he was one who believed that the sentiments sent forth through the columns of the Northern Star and the Champion had been very prejudicial to the interests of those who were earnest in their wish for Universal Suffrage.—( Cries of " No, no.") He expressed merely his own opinion, and wished to force it upon no per son, but he trusted, though he differed from them, they would hear what he had to say. Mr. Stephens might be a very good man, and might be a very humane man, but he had used language to the injury of their cause, and therefore, they deprecated him. The language of Mr. Stephens had kept away many from joining their ranks.—( Disorder). He had an experience of ten years in Radicalism, and he could say it was because of the language—the violent language—used in 1830 and 1831 that prevented the working classes from then obtaining many of their objects.—( Uproar.) He could assure them it was true, and he could mention names. One he would give them. Benbow, at the Rotunda, said it made his heart glad to hear of the burning of Bristol. Such expressions were ex tended by means of the Press, and a meeting which was to have been presided over by Mr. Wakley was obliged to be given up in consequence. It would not hare been allowed for fear of consequences, when such language was allowed to be spoken, and even applauded. The language of Mr. Stephens has operated in the same manner. Many who would have joined us have kept back, because they saw language used calling upon the people to use the torch and the dagger, to bite with their teeth, and to tear with their nails.—( Uproar, applause, and hissing.) If it was doubted, he would read the very passages from the Northern Star and the Chant pion. As Feargus O'Connor found fault with the friends of the cause in Edinburgh, he at once denounced their as enemies, and that merely because they deprecated language such as he had read.--( Hissing.) He ( Mr. L.) thought they were deeply injuring their cause by using or approving such language; indeed he thought they ought to deprecate it. They were doing much harm to the cause by condemning all classes. There was not a class in which they had not thousands of friends; then why try to allieniate them bp de nouncing them wholesale;—( Hissing and applause.) It could only do harm by driving away many of their friends, then only those would be left who by using violen language will hurry them into some premature outbreak, and the moment they had done so they would leave them and become their bitterest cue mies.—(Disorder. He did not think their cause would be pro moted by abusing in coarse language the New Poor-law ' or any ether partial grievance.—( Hissing.) In America, after fifty years of freedom, the people are still slaving for others— the money-mongers if you please—and that merely because of the want of knowledge. —(Hissing.) He would like to see the people educated—( Hissing)—he would like to see noble powers and resplendent talent engaged in calling up the moral and mental energies of the people.—(Cheers ) Instead o spending a pound to buy a useless musket, he would like to see it spent in sending out delegates among the people.—(Loud cheering and hissing.) He was anxious to be understood clearly. If the people were to be called upon to arm—if they were to go on using:violent expressions which must lead to mischief, he would have nothing to do with them—( Uproar)—but if they were disposed to go on agitating as they had done for two years, he would do all in his power to forward the cause.—(Laughter and cries of "No waiting.") If they were willing to push onward in a reasonable endeavour to arouse the moral and mental ener gies of the people, he would be one of them ; he was one of them in heart; but if there was to be any arming any fighting:, he was not one of them.—( Cheers and hisses.) Mr, O'CoNNort was received with tremendous cheering. " Words are but wind, actions speak the mind." When he arrived that evening, four resolutions were put into his hand, one of them strongly reprobating the Edinburgh Delegates, but he at once said, " No ; don't move it, for it can do no good, and can only cause dissension;" and on his advice it had been withdrawn.—(Cheers.) Not a word had fallen from his lips to cause dissension among the Radicals. Mr. Lovett had asked who had done most for the cause. He ( Mr. O'Connor) could only say that he had spent sea en thousand pounds in it.—(Cheers.) He had nover tra velled a mile, or eat a meal, but at his own expense. (Loud cheers.) He had formed upwards of 200 Associations and had created a feeling in the country that no man on earth could allay. He did not agree in every word that fell from Mr. Stephens, but he was the friend of every man who had humanity at his heart, and that man was Mr. Stephens. He for one would not be content to wait for two years—( Cheers) —it might do very well for those who made a profit of it: but he thought they were now ready, and ought to proceed at once.—( Cheers.) They might fight their open enemies, but oh save us from our pretended friends. A Gentleman in the midst of the meeting wished to ask a question.—(Loud cries of " Name him.") The Gentleman said his name was Maberley, and he was a clergyman of the Church of England. ! Mr. O'CONNOR said he had been very neglectful of a Gen tleman who deserved much of the friends of humanity. Mr. Maberley had suffered much. He had been punished by Lord John Russell, and persecuted by his Bishop, for the part he bad taken in opposition to the Poor-law.--(Loud cheers.) Mr. MABERLEY then ascended the platform, and was received with immense applause. He said—My friend, I thank you. I know that I am not entitled to such a reception as you have given me, for in all that I have done I have done nothing but my duty. However, I thank you for }our kindness. Mr. Stephens has certainly made use of strong language, but there was cause for it ; and though I am a minister of the Church of England, I must say that Mr. Stephens has been perfectly justified. I, who got up upon a balcony in defence of a persecuted Queen, and said, " Be a man a king, or be he a peasant, he has no manly feelings in his breast if he can ill use a woman." lam a man of peace, but rather than see a man and his wife separated in their old age, or a young one locked up in an infamous bastile, I would change my coat for a red one and fight the good fight in the good cause.—(lmmense cheering.) I have no hesitaticn in declaring that I was at one time an ultra Tory, but seeing the support given to the most infamous of all lawless Tories, Whigs and even Radicals, I am now verging upon republicanism.—( Loud cheers.) The resolution was then put and carried unanimously. Mr. O'Connor then retired. The chair was taken by Mr. Whittle ; a Committee of agitation was appointed. The meeting then separated. QUEEN'S BENCH.-(THURSDAY.) (Before Lord DEAN and a Special Jury.) GEARY V. HARVEY, ESQ., M.P. The ATTORNEY-GENERAL (with whom were Mr. THE SIGER and Mr. CHANNELL) stated the case. It was an action brought against Daniel Whittle Harvey, Esq., the gentleman sitting behind him, who, he believed, was well known to the political world for his great renown and talents. He was in the year 1837 proprietor of the True Sun newspaper, and in respect of an engagement then made with the plaintiff the present action was brought. Mr. Harvey appeared Lhere as his own Counsel, as he had an undoubted right to do, and no doubt he would conduct his case with great address and cleverness. But notwith standing all the address and ability he might display, he trusted it was beyond his power to prove that the plaintiff was not entitled to their verdict. The True Sun news- paper, of which Mr. Harvey became the proprietor in 1836, had not the success he had anticipated, and in the autumn of 1837 he devised a new plan by which it might acquire fresh celebrity and increased circulation. That plan was, when the next Session of Parliament began, that his p-per, although an evening one, should contain a full account of the debates in both Houses of Parliament down to a late hour of the evening, and that then the news papers should be sent by express to the remotest provinces in the island. The regular mails might be overtaken ; and if not, by expresses employed for the purpose, they might be forwarded to Lancashire, to Glasgow, Edinburgh, and other places, and thus anticipate the Morning Papers, and acquire a very g reat circulation. They were perhaps aware that the Evening Papers only con tained the debates of the previous day's proceedings in Parliament copied from the Morning Papers, or con densed. There was a rival Newspaper called The Sun, which, to a certain degree, had adopted this new plan of giving the debates on the same evening, but it was done by that Paper only to a small extent, and Mr. Harvey's new plan was to do it to a much greater extent, and thereby acquire a greater portion of celebrity. For that purpose it was necessary to have a considerable number of Parlia mentary reporters, and Mr. Harvey gave authority for re taining the requisite number. He at first threw out a sug gestion that they might be retained from the commence- ment of the Session, which was to begin in November, until the Christmas recess, but he was expressly told that according to the usage which prevailed, these gentlemen were always retained for all the Session, and that no res pectable reporter would accept an engagement on any other terms. Upon that he gave an express authority, which was not now denied, to retain the requisite number for the whole of the ensuing Session of Parliament, from its meet ing till its prorogation, at a salary of three guineas a-week. He believed six gentlemen were retained, and amongst the number Mr. Geary, the plaintiff in the present action, a gentleman of considerable literary acquirements, and skill and experience in that department. The Session began on the 15th November, and the scheme was put into execu tion. .Mr. Harvey had arranged that there should be men on horseback, who were to bring the manuscript to the office, where it was to be printed with the greatest rapidity, and expressed all over the kingdom. The most entire satis faction was given by his client Mr. Geary and the other gen tlemen, they devoted themselves to the service of Mr. Harvey, and it was admitted that their reports were exceedingly full and accurate, and given with very great rapidity. Things pro- ceeded in that manner, and it was expected tiat theiwOuld go on in the same manner, during the whole Session, and instead of any complaint being made, it was admitted that they gave perfect satisfaction. The I6th December ar rived, and on that day the Sub-Editor of .the Paper, in the employment of Mr. Harvey, by Mr. Harvey's direc tions, wrote 9. letter to Mr. Knox, who had engaged the other reporters, and who was himself one of them. The letter was as follows : " True Sun Office, Saturday, Dec. 16, 1837. " Dear Sir,—l am directed by Mr. Harvey to write word to you, that after Saturday next he will not require the services either of yourself or of your corps of reporters, but will con sider the engagement with you as terminated." Now the engagement was for the entire of the Session, which, it was computed, would last till the end of July, August, or perhaps September, and Mr. Harvey had no right to say that he considered the engagement terminated, because he could not break the contract without the con sent of those who had entered into it. " Lie further told me to say, that he waited here in expec tation of seeing you, that he might tell you this personally, but as he was unable to remain any longer, ha desired me to give you this information in writing. Yours truly, " JOHN DAVIS." Now that notice was given on the 16th December, and it informed Mr. Knox that he and the other gentlemen en gaged were to be discharged on Saturday the 23d Decem ber. Mr. Knox wrote back, expressing his great surprise at such an attempt, and the following was his letter : Monday, Dec. 18, 1837. " Dear Sir,—l have received your note of Saturday even ing in which you state, • I am directed by Mr. Harvey to write word to you, that after Saturday noxt he will not require the services of yourself or of your corps of reporters.' " I must confess that I am not a little astonished at this, aware as lam that Mr. Harvey knows it, rfectly well that at his instance I engaged the gentlemen referred to for the en tire Session, according to the invariable practice of the Press. a' You will, therefore, be good enough to inform Mr. Har vey, that I shall neither take nor give the intimation he has directed you to convey to me. I am, dear Sir, faithfully yours, " J. Davis, Esq. " ROBERT KNOX." It turned out that Mr. Harvey had sold the True Sun —to get rid of the contract altogether—he had sold it to Mr. Murdo Young, who conducted the rival journal, and sold it for a very considerable sum of mOney,and therefore the two newspapers being united there was no occasion at all for the service of the corps of reporters retained on the True Sun, and therefore they were all peremptorily dismissed. His client, Mr. Geary, who had been engaged in the Morning Herald the Session before, had accepted the engagement from Mr. Harvey at three guineas a week. He had no other em ployment ; it was his sole dependence ; and he was not ashamed to confess that he had to maintain himself and his family by his industry. He concluded himself secure of receiving three guineas a week during the whole of the Session—that being likely to last, as for many years pre viously, till the commencement of Autumn. Mr. Geary was thus thrown out of employment, and he remained out of employment, having no engagement whatever until the conclusion of the Session, which terminated on the 16th of August. It was for the breach of that engagement that Mr. Geary brought the present action ; and it was now admitted by Mr. Harvey that he had entered into the engagement and had broken it. He admitted upon the record both the promise and the breach of the promise, and the only question the Jury had to de termine, under his Lordship's direction, was the amount of damages Mr. Geary was entitled to recover. He would tell them how Mr. Geary calculated his damages, and it was merely a question of arithmetic. Perhaps he wasjus tified in going beyond the mere amount of salary he would have received, for it was not a pleasant thing to be dis charged in that abrupt manner, and thrown out of the re gular routine of his profession, for it might a fterwards be alleged that he would not have been discharged in that manner if he had conducted himself properly ; but no da mages were claimed upon that score ; Mr. Geary merely asked, as an indemnity, the pecuniary loss he had suffered, and it might be asked how was that loss to be ascertained? It was admitted by Mr. Harvey that he was retained for the whole of the Session, from Nov. 15, at three guineas a week. It was admitted that he had been wrongfully discharged on the 23d of December, and the question was, to what sum he was entitled for the loss sustained by him between the 23d December and the 16th August. He (the Attorney-General) con tended that he was entitled to be paid three guineas a week for that time, because if the contract had not been broken he would have gone on performing it, and that sum he would have received. From the 23d December to the 16th August was a period of thirty-four weeks, which, at three guineas a week, came to 107/. 2s. ; and why should not Mr. Geary receive that sum, which he would have been untitled to if Mr. Harvey had not broken the engagement ? He would tell them what he was informed Mr. Harvey would say, and at first there might be some plausibility in it, and if the proper difference and distinction was not pointed out, it might mislead the Jury, from the manner in which it would be stated. As he (the Attorney- General) was informed Mr. Harvey intended to re fer to what he had opened in two similar trials, when actions were brought against him by t wo others of his corps of reporters. The first was tried in that place before Lord Denman, when he (the Attorney- General) had the honour to be Counsel for the plaintiff, against his Learned Friend Mr. Platt—that was tried in February, 1838. At that time, there was some difficulty in estimating the amount of the damages,because the session had not then terminated, and, of course, its duration was uncertain. He (the Attorney-General) had on that occa ion, suggested that the session would last till the. usual period, while on the other side it bad been suggested, that as the session had commenced early, it would probably be a short one, and end about the middle of June, when the prorogation would take place. It was proved in the case of Byrne, that the plaintiff had an engagement on a Morn ing Paper, which endured during the whole of the session, and, under these circumstanc?s, the Jury said---(for it would ba necessary to observe, that in that case, the contract was denied, but the contract having been proved, an assess ment of damages took place)—the jury calculated that the Session would last twenty weeks longer, and allowed two guineas a week for that period. Now under the cir cumstances ha (the Attorney-General) did not complain of that verdict. His Lordship (Lord Denman) had thought it right to give leave, if he (the Attorney-General) thought fit, to move the Court upon a point of law as to whether the plaintiff was not, de jure, entitled to be paid for the 6 whole of the Session at the rate of three guineas a week. There was a late case in which another Learned Judge had decided similarly—he meant the ease of " Vandenhoff v. Bunn," in which Lord Abinger laid down similar law. He (the Attorney-General) old not, however, think it worth while to do so—he was contented to take the 40 guineas, Mr. Byrne having an engagement on a Morning Paper, and it being quite uncertain at the time how long the Ses sion of Parliament would last. Therefore he did not com- plain of the verdict the Jury gave in that case. Another case was tried before Chief Justice Tyndall at the last Spring Assizes for Surrey—that was the case of "Knox v. Harvey:' and the question there was what should be the amount of damages. On that occasion Mr. Harvey, as to-day, pleaded his own cause, as they all knew, with great ability ; and he not only appeared before them as an orator, but he also pretended to be a prophet. He was sorry to say he was not a true one, because in that case he undertook to assure the Jury that the Session could not, by any possibi lity last beyond the middle of June ; and cited various in stances from the " Annual Register," and " Hansard's Par liamentary Debates," for the purpose of proving that he was right. He relied upon the fact that the Coronation of her Majesty would take place in the middle of June, and, according to all previous practice, the Parliament would certainly be prorogued before the Coronation took place ; and that it was, therefore, impossible the Session of Par liament could be extended beyond the beginning of June. Mr. Harvey, on that occasion, compared himself to Murphy the great weather-cock (Great laughter) but neither Murphy, nor Mr. Harvey, were always right in their predictions ; and on that occasion Mr. Harvey's prophecy turned out to be wrong, for the Sessicn lasted long after the Coronation had taken place, and kept the House of Commons sitting, as he (the At torney General) knew, till the 16th of August—when her Majesty was pleased to prorogue the Parliament. In that case the Jury might, very well believe that the Ses sion would be of short duration. The case was tried in March, and they might very well believe that it could not extend much beyond the middle of June ; in that case of Knox, ps' in the case of Byrne, the plaintiff had an en gagement on a Morning Paper, to which he devoted him• self during the whole of the Session, and on these grounds the Jury gave fifty guineas damages, and no more. He did not complain of the verdict in that case, because each of the cases depended upon its own merits. But he would now cali their attention to the present case, the action of Mr. Geary ; and in his case it was no longer matter of prophecy or conjecture how long the Session of Parliament would last. It was now a matter of history and of fact. The Jury were probably aware, but if not, he should prove it to them, that the Session lasted until the 16th of August, 1838. It lasted thirty-four weeks beyond the 23d of December—it lasted fourteen weeks longer than the gentleman who tried the case of Byrne and Harvey contemplated—and it lasted longer, considerably, than the Jury conjectured who had tried the case of Knox v. Harvey, and who no doubt had given credit to the very confident prophecy of a gentleman of great talent and Parliamentary experience, who had as sured them that the Session would not be prolonged beyond the beginning of June. Whereas it was now a matter of truth before them, that the Session had lasted till the 16th of August. What reason was there for saying that the present Jury was to follow the rule adopted by the other Juries under totally different circumstances. He would show them that thirty-four weeks had elapsed from the time that Mr. Geary had been wrongfully dismissed from his employment till the termination of the Session. lie would show them that he had no engagement whatso ever since. He should prove that, according to usage, the Parliamentary reporters were always engaged for the Session. He would show them that, at the beginning of November, both the morning and evening papers filled up their lists of reporters, and when December came round there was no vacancy, and Mr. Geary had consequently no means of obtaining employment during the remainder of the Session. Why, then, he would ask, should not Mr. Geary', in the present c a s e , have the compensation for which he insisted ? These were the circumstances of the case, and that was the evidence he would have to lay before them. The contract was admitted—its breach was ad mitted, and he (theAttorney-General) had only to slim the amount of damage that had been sustained by the plaintiff in consequence of that breach of contract. He would show them that Mr. Geary had no other employ ment and could procure no other employment du ring the rest of the Session, and therefore whether there was any rule of law for their guidance, or indepen dently of any rule of law the Jury, he was satisfied would look to what was fair, just, and equitable ; and that they would award, by way of damages, to the party to whom the wrong had been done, the sum which was indebted to him, and place him in the same situation as he would have stood in if the con tract had been performed. No doubt they would have a very eloquent, ingenious, and forcible speech from Mr. Harvey. He (the Attorney-General) well knew his great powers of oratory, and although he had never heard him in a Court of Justice, he had frequently heard him else where, and no one spoke with more talent or effect. He hoped, however, the Jury would not he guided or mislead by the arguments of Mr. Harvey, unless he supported them by evidence. He (the Attorney-General) challenged him to give any evidence, or to lay any written documents be. fore the Jury. Let him contradict the evidence which he I would lay before them—let him show that the Session did not last till the 16th August—let him show that his pro phecy was true, and that the Session terminated before the Coronation. Let him call witnesses to show that Mr. Geary had, or might have had, any other engagement, and that might go to a certain extent in the mitigation of damages. Unless he could shorten the Session, or show that Mr. Geary from some other source was indemnified for the loss he sustained by reason of Mr. Harvey's breach of contract, then he would say that it would be the grossest injustice to Mr. Geary not to give him the full amount of his demand, which, after deducting the 521. 10s. paid into Court, amounted to 541. 125., and that sum he (the Attorney-General) confidently an anticipated would be the amount of their verdict. Mr. G.H. Francis examined by Mr. THESIGER.—In Oct. last year Mr. Harvey asked him to make up a corps of re porters. He mentioned the name of Mr. Geary among others, and afterwards Mr. Harvey told him that he had employed him. He had seen Mr. Geary engaged for the True Sun both in Parliament and in the Courts. Mr. Geary had no other regular business. All engagements for reporting are either sessional or annual. If any one has not an engagement before the beginning of the Session, it is almost impossible for him to get one. Cross-examined by Mr. HARVEY—Witness had two guineas when he formerly conducted the corps of reporters for defendant. His brother was one of the corps, and had brought an action for salary. Mr. Geary had only occa sional employraent ; he ser.t in reports occcasionally—some of the reporters painted political portraits, but that was very slight employment. He had himself done so, and fur nished one of Sir R. Peel for the True Sun, and charged a guinea for it, on the understanding, that from three to four a week were to be supplied. When he was at 2/. 2s. a-week upon the True Sun, his engagement might have been put an end to at a fortnight's notice. Mr. Robt. Knox examined by Mr. CHANNELL—He had been on the London Press as a Reporter, about four years. In October, 1837, he called upon Mr. Harvey by appoint ment, and during the conversation suggested that the best Reporters he could get, were those who were also engaged upon the Morning Papers. Mr. Harvey wished to get gentleman for a short time only. Witness said it was im possible to get such gentlemen as he wished, without a ses sional engagement. He waited again upon Mr. Harvey, in two days after, along with Mr. Geary. Mr. Harvey then wished witness to take the conduct of the corps, and, after being pressed, Mr. Geary having also re fused, witness undertook the arrangement and engaged seven reporters at a salary of 31. 3s. a week, and for the Session. Mr. Geary was one of them, and was engaged in Mr. Harvey's presence. Mr. Harvey had pressed upon Mr. Geary to take the management of the corps, but he refused. He received Davis's letter about the time it was dated.—(The letter was read, as was also the reply of Mr. Knox.) Mr. Geary was not employed after the 23d of December, and the True Sun was incorporated with The Sun on the very same day. Witness and Byrne bad both enga gements on a Morning Paper. Mr. Geary had no ot h er en gagement whatever. All engagements are either sessional or annual. Cross-examined by M r. HARVEY—You say you engaged the corps of rep orters ?—All but Mr. Ge ary , whom you engaged yourself, and a gentleman who was on the Paper w hom you said you wish e d t o rema i n . Know gentleman, and knowing his abilities, I was per fectly satisfied that he should. With those exceptions, I aiengagedthe time, all the others. And you say the engagements were all Sessional ?—Yes. Give me the names of th e corps o f t h e gent l emen you engaged ?—There were Mr. F ranc i s, M r. B yrne, an d M r. Griffin. Mr. Ross, was there not ?—Yes. Was he engaged for the Session ?—Yes ; no, there were peculiar circumstances in his engagement. I knew that he was going to leave town for Carlisle, but 1 considered it would be very beneficial to the interests of the defen dant—to your interest—to get Mr. Ross on any terms, even for however short a time. I think, upon a former occasion, you said he was A. l." ?—Yes, and he deserved to be.so classed. And was Mr. Barrow, who replaced him, "B. 2."? —No, certainly not. H e was a gentleman of very long experience upon the Mirror of Parliament, and the Morn ing Papers. And so you gave Mr. Ross a peculiar engagement—you say the engagements were all sessional—would that not be as binding upon one party as the other ?—Certainly. Did Mr. Ross stay with the Paper until the 23d of De- cember ?—No, as I said before, his engagement was coati- 1 guards of the law, that an individual who is assailed by its tional, and made under peculiar circumstances. ; process, might be in a position to say to the plaintiff," what Was I made acquainted with that ?--No. I aid not con- do you demand of me ? What is the object of the writ sider it necessary—l did not consider it my duty to do so— , that you have served upon me ? What do you seek ?" I was answerable to the Paper that the business should be Your experience tells you that some wholesome improve properly done. ment in this respect has taken place, and that no person You told me at our interview, that it was necessary, in can serve either you or me with a writ without indorsing order to carry out my views, that the reporters for my Pa- upon it the amount he requires, and if the defendant pays per should all belong to the Morning Press?—Yes. that sum, with the trifling costs which at that period would And you are still of that opinion ?—Certainly. be incurred, he can arrest the march of litigation. And Was Mr. Geary on any Morning Paper?—No, but he if, on the other hand, he believes that he owes nothing to had been, and you made the engagement with him. the claimant, or rather that he owes something, but some- Was Mr. Griffin on any Morning Paper ?—No. thing less than the demand, he can pay the admitted sum Had he ever been ?—No. into Court, and the jury will determine what is to be paid What age was he ?—I don't know—l should think he is beyond that amount. But, Gentlemen, that was not, that about 21 now. is not, the situation in which lam placed. Six writs, at Had Mr. Francis any Morning engagement ?—No. one and the same time, for one and the same object, are Had lie ever had any ?—No. served upon me. I was stopped from interrogating the What age is he ?—I don't know. witness Knox as to his law bill. The A ttorney- General would He has brought an action, I believe ?—I don't know ; I not allow me to ask questions as to the bill of costs, unless I have been told so. would put it into the hands of the witness—thus giving Do you know whether it has been brought by himself, him a reply. But, Gentlemen, if I am to be vic 'or his next friend P—l don't know. timized in this action, I will not be lacerated The ATTORNEY-GENERAL objected. The proceedings by his fangs ; and I shall exercise my own dis would show how the action was brought. cretion as to any persons I may examine, and as to any Mr. HARVEY—You don't know what age he is, then ? documents I may introduce. But you, Gentlemen, wh° —No, I do not. I ave to decide this question, have a right to know what it Was it a special object of mine to give a late edition is—and to k now th a t a fter forty guineas in the first instance, on the first night of Parliament ?—No, not on the and ten more subsequently, have been paid into Court, and first night of Parliament. I think the business was over taken out, that the defendant is dragged into Court again on that day between three and four o'clock. for an additionaliverdict. Gentlemen, when these actions But that was my object ?—Certainly on the first night of were brought, I was in no condition, whatever my disposi business. tion, to defend them ; because thou g h a sunimqns might And the proceedings that night were to be expressed ? have been, as it was, taken out for the plaintiff's demand , —Certainly ; I recommended a certain course, but cannot we are told—" No, you cannot have the plaintiff's de' say whether it was pursued or not. mand in this form of action ; it is an action for unlioui- Did you not recommend a man at Barnet to me ? dated damages; it is not competent for you, at least it ' 4 „ —Yes, I did. not obligatory on the plaintiff, to say what he demands. And did you not know—did you not see his horses ? Gentleman it does appear to me most extraordinary that a The ATTORNEY-GENERAL objected to this line of cross- person who claims, in respect of some alleged damage, a examination, as being totally irrelevant. compensation in law, should not be obliged to say what be Mr. Haavest—l will go to another point. Ytu wants. Now the Attorney-General has alluded to three brought your action, I believe ?—Yes. cases :—Byrne v. Harvey, Knox v. Harvey, and this case Where was it tried ?—At Kingston. now before you, Geary v. Harvey ; and he said that eac h Did you live in Surrey ?—Yes. case stood on its own merits. But, Gentleman, it is fitting Near Kingston ?—No. that you should know more of those two first cases than Does Mr:Geary also live in Surrey ?—Yes. it was convenient for the Attorney-General to state. Be' Near you, I believe ?—Yes, within a few doors. cause, though it is very true that by the form of the plead - And his action is tried here P—lt is so ; I went by the ings, as they now appear upon thi , record, lam not in a cons advice of my attorney. dition to dispute this contract, aid tln ordinary understanding Who was you attorney ?—Mr. Dean. of such contracts, that they are sessional in their durati('" Who was Mr. Byrne's attorney ?—Mr. Dean. yet, on the first occasion, I not only was at liberty to do And I believe that Mr. Dean is also the attorney in this so, but actually did so ; for I attempted to set up an agree' action ?—Yes. ment between myself and these parties, to the effect th at Have you ever met either of these parties at Mr. Dean's? the contract should be voidable by either party on giving: —Yes. fortnight's notice. I cannot suppose that, in the multiPl e You have gone there with them ?—Yes. city of cases which come under the notice of his Lordsh'P Have you met the boys Griffin or Francis there ?—I he can have a very minute recollection of these par ticulars think not. but the question was put v e r y im p artiall y to the Jury OA! You were examined on the trial of " Byrne V. Her- they were to decide whether there was such an agreetneo vey ?"—Yes. as was contended for ; and if not they were to assess the d a ; And Byrne was examined in your case ?—Yes. mages which were justly due. The Jury gave a verd% And Geary was examined in your case ? — Yes . for forty guineas , and the Learned Atto r ney -General has s°l s And for Byrne too ?—Yes. that he was well content with that verdict ; a nd when he was Yes. Who examined you for the plaintiff on Byrne's asked by my Lord Chief Justice if he would reserve tb trial ?—The Attorney-General. point , whether the damag e s shou l d b e increased, be r; And you were cross-examined by whom ?—By Mr. Platt. plied that he had no wish so to do. Gentlemen, the Poi ° Who was the plaintiff's counsel in your case a t K in gs - to which I wish to draw your attention is the barrass i ton ?—Mr. Platt. litigious character of these proceedings. A f ter I had pa What ! the same man ?—Yes. the f rty guineas to Byrne, I might have said, " You sh t ' o s Forty guineas, I believe, had been paid into Court on never have forty guineas, nor forty pence, of me, in anY will that occasion ?—Yes, and the Jury gave ten more, the other cases, until a Jury shall award them ; and I Are you aware whether the costs in that cause have yet endeavour to ascertain whether by some succeeding Jul i o been paid ?—I don't know ; s uppose so ; I have had no canno t e s tablish an agreement, which may destroy Pc demand made upon me. I have had no bill of costs sent in. claim for compensation." But , Gentlemen , alth ou g h I 1'; Do you mean to swear that you don't know whether the structed my Counsel to say that I believed the a rrang o , costs have been paid or not ?—I can't tell ; I don't know. ment between these parties and myself was that the ee r The ATTORNEY-GENERAL objected. That would be tract should terminate at the option of either of us, aftsej shown by the bill of costs, which might be called for by the expiration of a fortnight's notice, yet when I f ( '` l 't Mr. Harvey. that the evidence by which I sought to sustain ten, Mr. Haevey--Oh, yes ; you would very much like agreement failed—l bowed to the judgment of an ten, me to call for it, I dare say. (To witness) —Are you still lightened Jury, and not only paid the forty guineas !aito upon the establishment of the Morning Advertiser —I am. the still heavier costs of that first action, but I paid 10 0 ,1 Are you upon the same engagement that you were at Court forty guineas in each of the other five actions, „,e fi ., the time you were a witneis in that box before ?—Yes. the parties took the money out of Court. But P'io Do you mean to ,swear that P—l do. Knox was not satisfied with that verdict ; but went to Do you mean to say, Sir, that no fresh arrangement was trial at Kingston, where, having from my anxiety re , made at the Advertiser office, in consequence of the result avert litigation, paid into Court forty guineas, I was P ot , of the last trial:—No. eluded from going into evidence as to the a greca;_ e „ ep , Sir, do you mean to swear that there is no man upon the Thus, therefore, I was stripped of my best defence. Greg' as its profits "s, establishment of the Advertiser who is not liable to have an tlemen, litigation to some is acceptable, 1 " so' end put to his engagement at a month's notice ?—No. desirable ; and the experiment is now making by five flop Do you mean to swear that, Sir ?—Yes in consequence cessive actions to extort from me more than the of the last trial we were called upon to sign a paper which guineas which I have now paid into Court us merely defined what an annual engagement meant. each ; and what security is there, that, if I v j _ c - r o Are all the gentlemen on the establishment of the Ad- to pay forty shiliings more, I should not re; 1 0 , vertiser on annual engagements ?—No ; there are three notice of trial in every one of the other three eases? gentlemen who have sessional engagements. tlemen, it is true the Session is now terminated, 3 r And cannot these engagements be broken before the end that which before was matter of speculation , is now in at „ te g of the Session ?—Certainly not. of fact. Bu t the Attorne y -General would insinuate t-0 Do you mean to swear that ?—Certainly. Their engage-- the plaintiff in this case was deprived, by his prompt not ments will not terminate till the last day of the Session. to quit, of great advantages, in respect of which he cop, t, Reexamined—Mr. Harvey knew all the reporters that claim larger damages ; and he makes it a matter of nier:,o were engaged, and was perfectly satisfied, and said the re - on his part, that he does not ask for anything beyond 1111, p irting was admirably done. There never was a complaint three guineas a week for the S ession. On th e former tr. front the defendant during the whole time. At the trial the Attorney - General added to the evidence in favour of epre of Knox v. Harvey the defendant quoted from Parlia- client the weight of his own grave testimony —sitting Des, mentary documents, in order to show that Parliament never as the first law-officer of the Crown—a leading Parliar:eder sat at a Coronation, and he prophecied that it would rise tary orator , night after argot watching, with no incosliscs much sooner. At that trial Mr. Anderson and Mr. Murdo able solicitude, all the changes of that uncertain P' c ' Young were examined for the defendant. —(Laughter) he told the Jury that, from his 101 By Mr. Harvey—Mr. Platt at Kingston urged strongly rience, Parliament would, he believed, sit at least s o upon the Jury that the True Sun had been greatly im- August, perhaps till September, and he had knowats proved by the exertions of the reporters, and with great instance in which it sat till October.—(Laughter.) , e or propriety. He did not know whether the sale of the paper the only point which the Attorney - General h as ms" ; had risen at the time they were engaged, but considered it could make , to distinguish this case from the other ter had from the price paid for it by Mr. Young. that that is now matter of history which was then ma Mr. John Dickens said, in the early session of 1837 Mr. of speculation. And if the plaintiff Geary had said l ie of Geary was a reporter on the Herald. He was not on that compeers — this corps of intellectual reporters, cariusioll or any other Paper after Christmas. Engagements on the doing everything, and yet getting nothing to do--- till the Press for Parliamentary reporting were always either ses- not bring this action ; I shall defer bringing it be O f sional or annual. Session terminates ; the defendant will • keep ;' ' This was the plaintiff's case. able to pay now, he will be equally able to pay thee se/ Mr. HARVEY then spoke as follows :—Gentlemen of the shall take no engagement, I shall bask in literary fife s Jury, it is not my intention to consume your valuable time, sending to the press, perhaps, some gratuitous Pore or that of the Court, by unavailing regret at my incotnpe- pictures—(A laugh)—l know that lam entitled "4110' tency to meet that formidable array of talent , of judgment , guineas per week , which at the close of the Session 1"„os, and experience, which you perceive is enlisted in the cause struct my attorney , Mr. Dean , to apply for ; a nd calls, u ` 00 of the plaintiff. At the same time, do not either make commercial Jury to exercise their arithmetical &cult ic A C any apology for taking upon myself this task, or express multiplying thirty-four weeks by three guineas, arriv e be ep any regret that circumstances have imposed it on me. But verdict of 1071. 10s." This, Gentlemen, would hav e t oo' let it not be imputed to me that Ido so under any impres- intelligible. I don't mean to say it would have bel l ) Slr' sion of personal superiority. On the contrary, if this were elusive , quite the reverse ; but the course whici,a say t, a case involving some intricate question of law, some nice Geary has taken manifests none of this honesty 'cola point of commercial policy, I should be the last person to " I will not bring my cause on first, there is so(9pegbi intrude myself upon your notice. But my defence is not more rotten about it than there is about the rest---( , bo t e t one that requires the ability which cases of such a ter)—let me bring on the case of Byrne, and then character as those to which I have referred do indeed de- Knox ; and I shall have both afterwards for witness es ; mend. And there is another species of case, demanding if we bring on mine or Knox's first, only one can b e , • 0 s e ; such ability ; a bad case. I am not surprised, therefore, ness for the other." He could have brought on 00' that the plaintiffs' attorney has enlisted in support of his tion, if he pleased, at the same Assizes with h! . , s i ol eh j client, so powerful an advocacy, and has distilled from the d o o r n e ighbour, Knox, and brought down his bar its very essence. "I hough I have nothing peculiar to at the same time and nearly at the same expen se b . lc': apprehend from personal unfitness, yet I would not have then, if he succeeded in both, there would be so Or a tbe ) encountered the inconvenience (for it is very great to an in- costs for me to pay ; if lie failed in both, then so tu i r sti experienced person) of examining witnesses, had I not be enabled to congratulate themselves on the same, e Ges t h li sustained the loss of the assistance of the Learned Counsel, stance. But that did not answer the purpose of ur0 08", the benefit of whose learning and experience I had upon a or of Dean, his attorney ; and first one action is 'l O O O e t former occasion. The plaintiffs' attorney acted with dex- here, and then another at Kingston ; and then li e : 0 0 01/ 0 terity—for no one knew better the weakness of his clients' with a third ; in order to fasten on me an enormou s - ,01 7° ,1 case—in depriving me of the services of Mr. of costs. Gentlemen, am I not justified in callil s oce, Platt. You have heard that in the case of Byrne you to rescue an individual thus helplessly eiretunlose v. Harvey, Mr. Platt was my Counsel, and with from the effect of such persevering litigation ? S° s olo , cheerfulness 1 confided to him my case, and though I considered I was not bound to accede to these de r° oe/1 the sequel was not what we anticipated I was well resisted them — but , when a jury determine d otheralcoe content with his exertions. I should have been hastened to pay into Court fifty guineas in eve r Y o set , ,r equally well pleased to have had the benefit of them at the other actions. Supposing , fur the sake o f argil_ shit Kingston ; but as I thought the other claimants thought ten guineas more due, what security is rher:lie could not have dreamt, after the verdict that had what has happened, that it would net be said, " jg t r t been given by a London Jury, in the first case, frightened—he thinks more ought to be given- 41 60 0, I j, shat it should be made the subject of a second measure ofhis apprehension, not of justice —the 0 , to g ,,, trial, I did net think it necessary to arm myself by the re- must be ascertained by a jury." Oh, but then we ;mP ° 1J tainer of Mr. Platt ,and thus I left to my adversaries the ad- " You dismissed these men abruptly—there is ant s sos ir vantage of his great experience ; I will allude to tion on their character." Gentlemen, I admit 114 no other advantage. It is enough to know that have been guilty of injustice, which could hart:l'lli, Mr. Platt was against me, having before been been characterized too strongly or visited too ste!%cls,"9, for me, and therefore I am here in my own per- had dismissed them while the Paper wes in my ea s it s ip, from necessity, not from choice, for lam not in had no reason to find fault with them. But, 0.6 ra 1 : 1 0 1 a condition to sta n d th ese assaults upon my slender means. No. Did ever anybody but the Attorney -Gene ard'fi4 I might, indeed, have had Mr. Platt again upon this sinuate that these men had been at all I e ." ? O s , occasion, by dressing up the old brief in a white sheet, in their reputation by being abruptly dismisse otorib'e, and putting up on it a becoming fee ; but I have preferred, the reason which led to their dismissal was as nogcl ,be upon the whole, to be my own advocate, with as the fact itself. You have heard that on the red; all its disadv an t ages — an d none feel them more than Ido cember, my connection with the True Sun ce4 eteorjeil —because I consider this an appeal to you, to rescue me paper itsel f fell from t he system of politics , li ke a I<t en r e from a course of extreme, heavy, and unmerited litigation. a comet, and was absorbed in The Sun itself. For notwithstandingthe interposition of the Attorney - pa rtl y to m y p re j u dice, partly to my advantage--tasante General, who could not afford to let the whole truth out, judice, as I could not carry it on longer—to mY whereas to myself it would have been matter of indifference as I got rid of it.—(A laugh.) Could it be ; 0 0'14 if all that had fallen either from my own lips , or from the then, that thes e men left my service on a fairand rovaPtil Counsel on the other side, upon the former trials, had ground. It was nothing short of an act o f bald, th;al been stated, the Attorney-General cou ld not afford and are y ou , the merchants of London to be ts' C t to let the whole truth out. And permit me to say, you engage clerks or other servants,annually , o t d o : . 3_ o r a e ll: o 4: o; that though it i s a w h o l esome rule t h a t proceedings in by some of those commercial storms which oceas'abe Courts of Law should he subservient to some general prin. the firmest establishments, that you are still ciples, yet there is an equity in justice which controuls to pay those servants their salaries ? Are tp e ci sr e e l the dry sophistries of the profession, and its per- cumstances to be taken into consideration ? .And of nations technicalities, in order that justice may be Juries to do justice between man and man, ins to ole i c( done. And I maintain that this is pre-eminently bound down by the rigid rules of an 010 jogy'so a case in which you s hould assume such a 'line- Oh, but then, these parties say, "If the world is o et, t h e tion ; because, though you are impanelled as a Jury, cheered by the sight of the T'ue Sun, you are in effect arbitrators. Look at the nature of with it ?" Everything. For is it notwthwalmt h it at _ evecl ea t t r e c: f the proceedings. We hear much of the reform of the law. damages are matter for assessment and arbitrem o , r / Experience tells us bow muck is necessary. And, to a cer- consecutive Juries have assessed those dame6„orte, Lain extent, I admit some reform has taken place, but by says Geary—a member of that corps u 4 „ s f rer no means sufficient ; for it ought to be one of the safe- selected with so much discrimination--liter"